Law Seminars International Presents:

A timely one-day program on selecting tools for

Ecosystem Restoration

What programs/projects to choose and why to choose them

April 14, 2021

Interactive Online Broadcast

$ 100.00 Covid-19 discount! And as a value added bonus, you'll receive access to downloadable audio and video recordings at no additional charge.

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Program Overview

Who Will Benefit from Attending

In-house, private, and government attorneys; trustee representatives; land use planners, environmental professionals, senior executives and risk managers; consultants and others who are involved in natural resource damage policy, assessments, and claims

Why You will Benefit from Attending

Ecosystem Restoration, aka Ecological Restoration, has grown in importance internationally and will continue to grow in the future. It is no longer limited to litigation. We will be exploring the forms and limits of restoration in different contexts.

We hope you will join us for this extraordinary and important event.

~Brian Israel, Esq. of Arnold & Porter and Allan Kanner, Esq of Kanner & Whiteley , Program Co-Chairs

What You Will Learn

  • How Ecosystem Services are the currency for settlements
  • Restoration as only one remedy with innovative projects being increasingly considered
  • Emerging new drivers that address factors like climate change
  • Ecosystem service assessments, valuation, and markets
  • The benefits of allowing science to drive priority setting processes
  • The emerging importance of Environmental Justice (EJ) considerations
  • Case Studies:
  • ~ Lessons learned from ecological restoration in the Gulf Coast
  • ~ Restoration Banking in Louisiana
  • ~ Lessons from New Jersey's large volume of industrial sites
  • ~ Managing multiple projects and stakeholders: The Yakima Basin restoration
  • ~ Using banks: NMFS and Endangered Species Act
  • How decisions for restorations are being made and how that can be improved

What Participants Have Said About Similar Programs

  • Really well done, both content and the virtual experience.
  • This was a good seminar. It really hit on a lot interesting subjects.
  • Once again you guys pulled off an amazing seminar!! Thank you.
  • LSI's NRD conference is the best one!
  • "Always a great meeting. I enjoyed the program."

Wednesday, April 14, 2021

9:00 am

Central Time: Introduction & Overview

Brian D. Israel, Esq. , Program Co-Chair
Arnold & Porter / Washington, DC

Allan Kanner, Esq. , Program Co-Chair
Kanner & Whiteley / New Orleans, LA

9:15 am

Creating Habitat Restoration from NRDA and Other Regulations: How Ecosystem Services are the Currency for Settlements

Why restoration? Restoration as only one remedy with innovative projects and "NRDA banking" being increasingly considered; emerging new drivers that address factors like climate change and Environmental Justice

Mark S. Laska, Ph.D. , CEO and President
Great Ecology / New York, NY

9:45 am

Break

10:00 am

Ecological Restoration in the Gulf Coast: Lessons Learned

From Deepwater Horizon and other cases, restoration planners in the Gulf coast have acquired unparalleled experience and expertise planning ecological restoration projects: What we learned on technical, legal and programmatic levels

Irving Mendelssohn, Ph.D. , Emeritus Professor, Department of Oceanography and Coastal Sciences
Louisiana State University / Baton Rouge, LA

Samuel W. (Billy) Plauche, IV, Esq.
Plauche & Carr / Seattle, WA

Christopher Doley , Chief, Restoration Center
NOAA National Marine Fisheries Service / Silver Spring, MD

11:00 am

Restoration Banking -- An Idea Whose Time has Come

NRD banking in Louisiana: Legal, economic, and technical issues associated with restoration banking; innovative financing tools such as outcome/performance-based contracting and bonding to move restoration more quickly

Chip Kline , Executive Assistant to the Governor for Coastal Activities
Office of the Governor / Baton Rouge, LA

Megan K. Terrell, Esq.
Plauche & Carr / Baton Rouge, LA

12:00 pm

Lunch Break

1:15 pm

Special Address: Establishing Restoration Priorities

The benefits of allowing science to drive priority setting processes

The Hon. Garret Graves , (R) Louisiana
U.S. House of Representatives / Washington, DC

1:45 pm

Case Studies

Managing a large volume of smaller projects: Lessons from New Jersey's large volume of industrial sites

John Sacco , State Forester
New Jersey State Forestry Service / Trenton, NJ

Allison Brouk, Esq.
Kanner and Whiteley / New Orleans, LA

Managing multiple projects and stakeholders toward a comprehensive restoration strategy: The Yakima Basin Integrated Plan

Peter H. Dykstra, Esq.
Plauche & Carr / Seattle, WA

3:00 pm

Break

3:15 pm

Special Address: The Emerging Importance of Environmental Justice (EJ) Considerations

How choice of project affects EJ goals; establishing protocols for considering EJ impacts in proposing projects; the advantages of requiring local buy-in to ensure that EJ goals are met

Shawn M. LaTourette, Esq. , Acting Commissioner
New Jersey Department of Environmental Protection / Trenton, NJ

3:45 pm

Selection of Remedies Moving Forward: How Decisions for Restorations are Being Made and How That can be Improved

Innovative approaches to address ecological restoration while also considering climate change, environmental justice and other challenges and priorities: Looking forward, how will ecological restoration change over time?

Joshua Lipton, PhD. , President
Stratus Consulting / Boulder, CO

Tod Delaney, Ph.D., PE , President
First Environment / Butler, NJ

Kyle Graham , Senior Program Manager
Ecosystem Investment Partners / Erie, CO

5:30 pm

Evaluations and Adjourn

Faculty Bios

Brian D. Israel, Brian D. Israel, Program Co-Chair, is a Partner at Arnold & Porter and chair of the firm's Environmental Practice Group. He served as lead counsel to BP in relation to the Deepwater Horizon NRD claim and as one of the trial attorneys at the Deepwater Horizon Clean Water Act penalty trial.

Allan Kanner, Allan Kanner, Program Co-Chair, currently represents the State of New Jersey against ExxonMobil and represented the State of Louisiana in the Deepwater Horizon oil spill litigation.

The Hon. Garret Graves, The Hon. Garret Graves, (R) Louisiana, Special Address, represents Louisiana's Sixth Congressional District in the U.S. House of Representatives. He has been very active in remediation efforts after Deepwater Horizon.

Allison Brouk, Allison Brouk, Kanner and Whiteley, was part of the litigation team that represented the State of Louisiana in its claim related to the Deepwater Horizon oil spill. She also works on natural resource damage cases for the State of New Jersey.

Tod Delaney, Ph.D., PE, Tod Delaney, Ph.D., PE, is the President of First Environment. For First Environment's litigation practice, he serves as an expert witness for natural resource damages cases and has testified in more than 30 litigations involving the management, disposal, and handling of chemicals in the context of CERCLA, RCRA, state-law cleanup statutes, and toxic tort lawsuits.

Christopher Doley Christopher Doley is Chief, Restoration Center for NOAA National Marine Fisheries Service. Following the Deepwater Horizon spill, he led state and federal partners through "contentious negotiations with BP" regarding the early restoration projects and encouraged his team and the affected parties to "think bigger and more creatively to come up with innovative options that will most directly benefit the injured natural resources.

Peter H. Dykstra Peter H. Dykstra is a partner at Plauche & Carr where he counsels public and private clients on water rights, land conservation transactions and strategies, ecosystem service markets, and complex natural resource projects. In addition to his law practice, Peter helps clients with issues before Congress, the Washington State Legislature, and federal, state and tribal government agencies, working to pass legislation, secure funding for conservation, restoration, and infrastructure projects, and develop collaborative public/private partnerships for large-scale, innovative solutions to natural resource challenges.

Kyle Graham Kyle Graham is a Senior Program Manager at Ecosystem Investment Partners. He previously served as Executive Director for Louisiana's Coastal Protection and Restoration Authority, implementing large scale coastal restoration projects.

Chip Kline Chip Kline is Executive Assistant to the Governor for Coastal Activities in the Office of the Governor. He also is Chairman of the Louisiana Coastal Protection and Restoration Authority Board. Between the two positions, he is responsible for coordinating and focusing the functions of all state agencies as they relate to integrated coastal protection.

Mark S. Laska, Ph.D., Mark S. Laska, Ph.D., is CEO and President of Great Ecology. technical specialization includes habitat restoration, ecological planning and design, and he is a leading Natural Resource Damage (NRD) practitioner. He is highly experienced in taking projects of all scales and sizes from the conceptual stage through post- construction monitoring.

Shawn M. LaTourette Shawn M. LaTourette is Acting Commissioner for the New Jersey Department of Environmental Protection where he is responsible for formulating statewide environmental policy while directing programs that protect public health and ensure the quality of New Jersey's air, land, water, and natural and historic resources. He previously served as Chief of Staff and then Deputy Commissioner.

Joshua Lipton, Ph.D ., is President of Stratus Consulting. He is an environmental toxicologist with expertise in aquatic and terrestrial toxicology, applied ecology and fisheries biology, natural resource damage assessment, and the evaluation of environmental impacts and risk.

Irving A. Mendelssohn, Ph Irving A. Mendelssohn, Ph .D., holds the position of Professor Emeritus in the Department of Oceanography & Coastal Sciences, Louisiana State University. He is a Fellow of the Society of Wetland Scientists and holds an Honorary Doctorate from the University of Aarhus, Denmark, where he conducted collaborative research. Dr. Mendelssohn's research emphasizes the restoration and sustainability of coastal wetlands, including the use of hydraulically dredged sediment-slurries for coastal marsh restoration and the response and mitigation of wetlands to oil spills.

Samuel W. (Billy) Plauche, IV, Samuel W. (Billy) Plauche, IV, Plauche & Carr, focuses on environmental, natural resources, and coastal law. Billy represents both public and private sector clients, including the State of Louisiana with regard regulatory issues associated with the State's coastal restoration program. As part of his representation of the State of Louisiana, he served as Chair of the Deepwater Horizon Trustee Council from 2015-2016.

John Sacco John Sacco is the State Forester for the state of New Jersey and, in that position, supervises the Office of Natural Resource Restoration (ONRR). He previously served as the Administrator of the Office of Natural Resource Restoration.

Megan K. Terrell Megan K. Terrell is a partner at Plauche & Carr. She previously served as Deputy Director of the Louisiana Governor's Office of Coastal Activities. Prior to joining the Governor's Office, she was the Deputy Director of the Civil Division and Chief of the Environmental Section of the Louisiana Department of Justice, where she served as lead in-house counsel for the Deepwater Horizon response, litigation, and restoration.

Continuing Education Credits

Live credits: This program qualifies for 6.5 MCLE credits in LA and WA and 6.75 MCLE credits in CA. It also qualifies for 6.5 ABCEP environmental professional and 6.5 AICP planner credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

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